UPDATED 10/10/13 – Audio Recording DOE encounters. A real DOElemma for DOE Legal

See updated (10/10/13) information at the bottom

Go Go Gadget Accountability Device

“This conversation may be recorded for quality control purposes.” In this modern-day David vs Goliath, my smartphone is my sling and I wield it very well.

A very vague and confusing SCI report came out on April 25, 2013. In case you have not seen the report it is 15 pages, mentions 35 complaints, took fourteen months and investigated by over ten investigators.

Conclusion

Taken from the last page of the Special Commissioner of Investigation’s report on Berta Dreyfus IS 49

In any case, a few days later I received a disciplinary noticeand I was summoned to meet with District 31 Superintendent Erminia Claudio.

“Why does that name sound familiar Mr. Portelos“

Superintendent Erminia Claudio is who called my house on Sunday January 29, 2012. Just three days after I informed SCI that I believed Principal Hill was engaged in financial misconduct. This was after I reached out to her because of the many issues going on at school. Within just 24 hrs of reaching out to Superintendent Erminia Claudio I had my first THREE investigations started on me and my first TWO disciplinary notices. Yes, I contacted my bosses boss and within 24 hrs my clean record was besmirched with FIVE negative items. I repeatFIVE in less than 24 hours. It later turned to almost THIRTY in just three months and Superintendent Erminia Claudio was there at ever step including reassigning me and subsequently moving me twenty miles away from my school, chapter, home, wife and kids.

As you could imagine, I feel as though certain employees in the DOE, including Ms. Claudiobreed mistrust.Therefore I went into the meeting on the morning of May 3rd ready to legally record the conversation. I just did not trust her and I waived my right to bring union representation (That’s another story).

Read this email to see how things went down. The meeting lasted a total of three minutes. Actually 3 minutes 13 seconds to be exact. 😉

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From:Francesco Portelos<fportelos@gmail.com>
Date: Fri, May 3, 2013 at 1:54 PM
Subject: Francesco Portelos Disciplinary Meeting for May 3, 2013
To: eclaudi@schools.nyc.gov
Cc: AHorowi@schools.nyc.gov, RSinger4 <rsinger4@schools.nyc.gov>, RGreenf@schools.nyc.gov, Sean Rotkowitz <srotkowitz@uft.org>, epietromonaco@uft.org, Bryan Glass <bg@glasskrakower.com>, mmendel@uft.org

Dear Superintendent Erminia Claudio,

Sincerely,
-Francesco Portelos

I eagerly await a response from Robin Greenfield. “Who is Robin Greenfield Mr. Portelos” Robin is the Deputy General Counsel and runs the Senior Field Counsel. Taxpayers pay her her a salary of about $146,000 according tohttp://seethroughny.net/payrolls/city-of-ny.She reports to top DOE lawyer Courtenaye Jackson-Chase and has a whole office of attorney’s who guide all the administrators in NYC DOE working under her. She has two additional Robins who work in the office. Three Robins in one office Twenty Five percent of the Senior Field Counsel is named Robin. http://schools.nyc.gov/Offices/GeneralCounsel/Legal/SFC/default.htm

One, Robin Merrill, used to be Principal Linda Hill’s attorney. Not sure what happened, but when I was still in school Linda was asked if she still has Robin Merrill, she responded “No, I have someone better.” I assume she was referring to Marisol Vazquez, her current counsel. I think it was poor judgement to make a statement like that. The other Robin is Robin F. Singer. I’ve spoken to Robin Singer on the phone for my defamation of character case and met Marisol Vazquez at Small claims Court. I havenot met the other two Robins. In any case, I definitely gave them some work to do over the last sixteen months.. How did the UFT put it Ah yes “Portelos, you are breaking rules they have not even created yet.“

Two of the Robins were invited to that great happy hour party to celebrate the closing of 22 failing schools. Remember thathttp://gothamschools.org/2011/07/22/top-doe-official-proposes-happy-hour-to-celebrate-lawsuit-news/

More recently Robin Greenfield appeared in the famous Cathie Black emails that were recently released.http://educatorfightsback.org/cathie-black-emails-searchable/ Apparently she helped draft the document sent to Albany. Nice fluff piece Ms. Greenfield. Did you also come up with “Francesco Portelos breeds mistrust and stability in the school” and the DOE should move to terminate

UPDATE!! I HAVE BEEN SUMMONED BACK FOR MAY 10, 2013

* I did not “refuse to proceed”. Shall we play back the recording See why it’s important I record

Email Response:

—–

From:Francesco Portelos<fportelos@gmail.com>
Date: Wed, May 8, 2013 at 1:20 PM
Subject: May 10, 2013 Disciplinary Hearing
To: eclaudi@schools.nyc.gov
Cc: Greenfield Robin <rgreenf@schools.nyc.gov>, Robin Singer <RSinger4@schools.nyc.gov>, Vazquez Marisol <mvazquez16@schools.nyc.gov>, David Weiner <dweiner4@schools.nyc.gov>, Courtenaye Jackson-Chase <cjackson-chase@schools.nyc.gov>, “Rodi Katherine G.” <krodi@schools.nyc.gov>, Thomas Fox <tfox@schools.nyc.gov>, Zaharakis Despina <dzahara@schools.nyc.gov>

Ms. Claudio,

—
-Francesco Portelos

My response

——————————————

From:Francesco Portelos<fportelos@gmail.com>
Date: Wed, May 8, 2013 at 3:19 PM
Subject: RE: May 10, 2013 Disciplinary Hearing
To: Claudio Erminia <eclaudi@schools.nyc.gov>

Ms. Claudio

Perhaps it’s best an attorney from the Department of Education is present as this situation is not only delicate, high profile and in litigation, but also that with new information provided, you may be added as a defendant in an amended complaint of Federal case 12 CV 3141. I’m simply saying this would be best for both of us considering that what both of us say will probably come up in a court hearing.

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Stay tuned…

See also

———- Forwarded message ———-
From: “Francesco Portelos” <fportelos@gmail.com>
Date: May 10, 2013 10:30 AM
Subject: NYC DOE refuses to allow me to exercise my rights
To: “Claudio Erminia” <eclaudi@schools.nyc.gov>
Cc: <ahorowi@schools.nyc.gov>, “Courtenaye Jackson-Chase” <cjackson-chase@schools.nyc.gov>, <lbrantley@schools.nyc.gov>, “Greenfield Robin” <rgreenf@schools.nyc.gov>, “RSinger4” <rsinger4@schools.nyc.gov>, “Vazquez Marisol” <mvazquez16@schools.nyc.gov>, “Brodsky David” <dbrodsky@schools.nyc.gov>, “Rene Mirtza” <mrene3@schools.nyc.gov>, <mcardozo@law.nyc.gov>, <ksolimando@schools.nyc.gov>, <teurope@schools.nyc.gov>, <jfriedla@law.nyc.gov>, <mbest1@cityhall.nyc.gov>, <dmwalcott@schools.nyc.gov>, “Adam Ross” <aross@uft.org>, <mmendel@uft.org>, <epietromonaco@uft.org>, <jday@pubadvocate.nyc.gov>

Dear Superintendent Erminia Claudio,

I was summoned to your District 31 office for a disciplinary meeting last Friday May 3rd. At the meeting I indicated that I would like to exercise my right as a citizen and record the conversation. You indicated that I cannot. The meeting was postponed. I thought due to pending attorney review of the matter. This Wednesday I received another letter (attached), indicating I should meet you again today May 10, 2013. In addition you wrote I “have no right” to record as per the Collective Bargaining Agreement. You never cited an article or section. I believe that is because one does not exist and that was just another false statement made to me.

After being greeted by three School Safety Agents, I entered your office and stated that I’m again exercising my right to record. I also stated that the UFT told me to “stick to my guns”. You stated there is a policy against it. You failed to reference any law, policy, regulation or article of our contract that prohibits me from recording. I thought you had a week to discuss with attorneys. You tried to imply that I did not want the meeting to take place. That is not true. I always want to explain what is happening and have done so many times on my website www.educatorfightsback.org.

The meeting ended and I left, but not because I wished it to. I’m more than happy to address the SCI report, without recording, if you can show me something that states I legally can’t. I’m all about following the law.

On my 380th day of wrongful exile, I will drive 20 miles from my community school, and sit at an empty cubicle. The taxpayer will continue to cover that bill. This parent and educator is waiting to see when someone will step up to resolve this issue that has negatively affected countless children and adults.

Keep in mind that I’m still uncovering more allegations of financial misconduct on Principal Linda Hill. $40,000 in unsupervised overtime Using the school credit card for personal items Breaking down payments so she doesn’t need authorization Your signature appears to be missing from all time cards. Why http://educatorfightsback.org/all-down-hill/

Sincerely,

-Francesco Portelos
Parent
Educator
IS 49 Chapter Leader
www.educatorfightsback.org
*sent from my Galaxy S3. Please pardon any typos

Today 5/15/13 City attorney states that charges against me have been delayed because I insist on recording disciplinary hearing with superintendent. Federal magistrate responds “What’s the problem with recording” Lol.

UPDATE 10/10/13 – I finally received a copy of my personnel file and guess what. No letter of discipline from this event.

http://www.rcfp.org/reporters-recording-guide

Also read:

Another DOElemma DOE violates the Open Meetings Law for Mr. Portelos